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Old October 31st 07, 01:15 PM posted to uk.legal.moderated
Stuart Bronstein
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Posts: 386
Default Land Law and adverse possession

Norman Wells wrote:

The thought that comes to my mind is that a simple Google search
for 'adverse possession' comes up with any number of useful links
that explain the legal position far better than a random selection
of posters here.


You might specify UK websites when you do that. Adverse possession in
the US has very similar rules, but has some significant differences.

For example in the US the distinction between registered and
unregistered land does not exist - it's all registered (we call it
"recorded").

And as I recall using of property for the prescriptive period in the UK
does not automatically create adverse possession. Some further steps
are necessary, such as contacting the adverse party and giving notice
of your claim. In the US once the prescriptive period passes (assuming
all the other elements are also present) legal ownership transfers
without any additional action. Of course to make it more enforceable a
court order is helpful, but it's technically not necessary.

Stu

 

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